Introduction Law covers a huge amount of different areas and for this reason it is split into two main categories – Criminal and Civil which is also known as Private Law. Each of these areas covers different aspects of the law. Civil law is generally a dispute between individuals whereas Criminal law states what behaviour is acceptable or unacceptable as the case may be. By highlighting the main differences between the two categories‚ we can build up a clear picture of the way law works. Criminal law is made
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Homicide is the deliberate and unlawful killing of an individual by another person. In general‚ there are four types of criminal homicide that varies with respect to the level of severity. These types include capital murder and manslaughter as well as murder and criminal negligent homicide. All these are punishable by law‚ but the degree of the penalty varies. The most dangerous homicide is capital murder‚ which is also known as first degree murder. This is because it is killing‚ which involves situations
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MENS REA Mens Rea is described as "A guilty mind; a guilty or wrongful purpose; a criminal intent; Guilty knowledge and willfulness". [2] In criminal law it is the basic principle that a crime consists of a mental element and a physical element. A person’s awareness of the fact that his or her conduct is criminal is the mental element‚ and actus reus’ (the act itself) is the physical element. The concept of Mens Rea started its development in the 1600s in England when judges started to say that
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Darien Anthony 10/11/2012 Criminal justice 1 Why limits are imposed on Criminal Laws The founding of criminal law on the principle of rule of law means that the power of government is limited. Unlike royalty in the Middle Ages‚ which had limitless absolute power‚ governments are limited in the behavior that can be declared criminal and in the punishments that can be applied for violations of criminal laws. Seven benchmarks are used to assess the legality of criminal laws: * Principle of legality
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The criminal justice system begins with a report that a crime has occurred. A Law enforcement investigation of a crime may begin in a number of ways. For instance‚ an officer may arrive to a crime scene to determine the motive of the crime. During an officer’s investigation‚ they may cross-examine witnesses and potential suspects to further their case. If an investigating officer acquires a sufficient amount of evidence at a particular location‚ they may make an effort to obtain a search warrant
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Criminal Defense Analysis CJA/354 Professor Croushore Matt Vanderwerff 6/24/13 Self-defense is the justification of the threat or use of force when an individual feels that they are in immediate or imminent danger to their life or bodily harm. The cases I researched were UNITED STATES V. PETERSON‚ 483 F.2D 1222 (D.C. CIR. 1973)‚ OPINION BY: ROBINSON‚ J. and PEOPLE V. CEBALLOS‚ 526 P.2D 241 (CAL. 1974)‚ OPINION BY: BURKE‚ J. In both cases the defenses entered a contest of self-defense. In
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CLASSIFICATION OF LAW There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense‚
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Prison Term Policy Recommendation Proposal Donnita Macon CJA/304 May 21‚ 2015 Jesse Holt Prison Term Policy Recommendation Proposal In this Prison Term Policy Recommendation Proposal essay it wants you to be a criminologist advisor. The scenario is: According to University of Phoenix (2015)’’You are the criminologist advisor to a member of the state legislature. The legislature will soon vote on a bill that‚ if it passes‚ would double the maximum prison term for anyone convicted of armed robbery
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how law is made and examine the purpose behind criminal law and civil law. Goodey and Silver (2012) define law as a set of rules created by the state which forms a framework to ensure a peaceful society. This essay will aim to describe how laws are made using parliament‚ common law and European law. It will also examine the purpose behind criminal law‚ laws created to protect society and to enforce punishment to those that don’t follow them. It will also examine the purpose behind Civil law‚ law
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and purpose behind criminal and civil law. First it is useful to define what is meant by the term law. Law could be defined as “a set of rules to encourage a more peaceful society”. In other words‚ law regulates and protects society by defining undesirable behaviour and providing a framework of punishment. As a society we accept some acts are undesirable and the state enforces a system of laws to identify and punish these. This is the system of criminal law. In this way laws define our rights
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